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Article 44
 

Appeal of decisions and (or) actions (inaction) of election commissions violating electoral rights of electoral process subjects
(amended as of 23/04/15)


1. Decisions and (or) actions (inaction) of election commissions and their officials, which violate electoral rights of electoral process subjects, can be appealed in the superior election commissions, the decisions and (non)actions of the CEC – to the court.
2. The appeals (complaints) against decisions and (or) actions (inaction) of election commissions violating the electoral rights of the citizens can be submitted by voters, candidates, political parties, NGOs, their representatives, observers.
3. When reviewing appeals (complaints) and in other cases, when the issue of violation of electoral rights and electoral legislation is considered, the concerned parties or their representatives shall be informed about the date, time and venue of such review process. The abovementioned persons shall be entitled to provide explanations and submit evidence on the point of the investigated case.
4. Decisions and (or) (non)actions of PECs or their officials violating electoral rights of the subjects of the electoral process shall be appealed to a TEC.
5. Decisions and (or) (non)actions of TECs or their officials violating electoral rights of the subjects of the electoral process shall be appealed to the CEC.
6. Decisions and (or) actions (failure to act) of the CEC shall be appealed in the court of the first instance while the decision of the court of original jurisdiction shall be appealed in the Supreme Court. The decision of the Supreme Court shall be final and not subject to appeal.
7. The appeals (complaints) shall be submitted immediately from the moment when a subject of the election process has become aware of the infringement of his/her voting rights, decision-making, action (or failure to act), but no later than within 2 days.
8. The appeals (complaints) received in the course of preparation of elections shall be subject to consideration by election commissions and courts within a three-day period from receipt of the complaint; a complaint received on the election day or the day before the election day shall be considered immediately. If the facts contained in the appeals (complaints) received during the preparation of elections require additional verification, a decision on them shall be taken no later than within five days. A decision in writing signed and sealed by the authority shall be immediately handed over to the claimant.
9. The appeals (complaints) against the decisions taken shall be lodged within 3 days after issuance of such decision.
10. Superior election commission or court shall either upheld the decision taken by a subordinate election commission or court, or shall cancel it and make a decision on the point of the appeal (complaint).
11. The court, upon establishing the validity of the appeal (complaint), shall recognize the appealed decision or action (inaction) as unlawful and shall cancel the decision of the CEC; or the court shall dismiss the appeal (complaint) should it establish that the appealed decision or action (inaction) was lawful.
12. Timeframe for appeals (complaints) to be lodged shall not be subject to extension or renewal. On expiration of this period complaints shall not be accepted.